PERSISTANCE + RELENTLESS PURSUIT TO COLLECT BAD DEBT = PAYDAY

PERSISTANCE + RELENTLESS PURSUIT TO COLLECT BAD DEBT = PAYDAY

A plumbing supplier’s customer hit hard times in 2008. When the customer went silent, the supplier called me. I immediately filed suit and sought and obtained ex parte attachments. Unfortunately, the attachments seized no assets. When the defendant failed to file an answer, I then defaulted him and obtained judgment. The defendant had no apparent assets.

While others may have given up, I don’t. My relentless pursuit to collect bad debt led me to continue to search for assets. I filed post judgment requests for documents pursuant to Massachusetts Rules of Civil Procedure 69 which the defendant ignored.

I then filed a motion for the court to compel the defendant to produce his documents, which the defendant ignored. I filed a motion to hold him in contempt of the court’s order, which the defendant ignored. At my request, the court issued a capias–a civil arrest warrant.

Several years later, the defendant finally contacted me to attempt to resolve the contempt issue, claiming no assets or bank accounts. To verify that claim, I required him to complete a financial statement under the pains and penalty of perjury which he did. Defendant claimed that he was unemployed, owned no assets, but offered only $30.00 a month. Not believing the defendant’s empty pocket routine, we rejected the offer.

Defendant then filed a motion to vacate the contempt. Following my gut, I performed another financial asset search which showed that only eight months prior, defendant had purchased a truck worth over $50,000.00.

At the hearing on defendant’s motion, I told the court that defendant’s sworn financial statement curiously omitted reference to the truck. The court required him to amend his personal financial statement to include the truck, which he did.

I told the court that the defendant had neither produced any information about the truck nor any financial information. The court had the defendant agree to produce a list of documents prior to the next hearing. Not trusting the defendant, I subpoenaed the records of the dealership from where the defendant purchased his truck. The documents produced by the dealership revealed an application for credit submitted by the defendant in which he represented an annual income as of early 2015 over $90,000.00 as a construction supervisor. Not surprisingly, defendant’s documents omitted that application.

Caught with his pants around his ankles, defendant offered around $8,000.00–the initial judgment amount. My client wisely rejected the offer. As a result of my persistence, relentless pursuit to collect bad debt and refusal to be buffaloed, the defendant paid $14,000.00, seven years later.

Can you say KA-CHING?!? My clients do.

For aggressive, relentless and effective commercial debt collection, contact experienced Attorney Alan M. Cohen at 508 620-6900 or email alanmcohen@collections-law.com.

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